Can my employer discipline me for using sick time if I’ve brought in a doctor’s note?
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Can my employer discipline me for using sick time if I’ve brought in a doctor’s note?
Asked on January 7, 2016 under Employment Labor Law, New York
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
There is no one-size fits-all answer. An employee should not be disciplined for having a medical condition or, generally, for using sick leave or time to which he/she is entitled or earned. On the other hand, if the matter was non-emergency, and there was a particuarly important event or meeting that day, the employee could be disciplined for not scheduling the doctor's appointment for a different day or time. Or if the employee did not follow the company's policies on how to use sick leave, or did not call in before the work day to let management know he/she would not be in, he/she could be disciplined. It depends on the precise facts and the reason for the discipline.
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